Rt. Hon. Chibuike Amaechi V. Independent National Electoral Commission (2007) LAWGLOBAL HUB Lead Judgment Report I. KATSINA-ALU, J.S.C Since both the appeal against the order of the court below given on 8th June, 2007, and the application by the 2nd respondent filed on 1st June, 2007, have been withdrawn both are struck out. This court…

Universal Trust Bank Of Nigeria V. Fidelia Ozoemena (2007) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C By a writ of summons issued out of Onitsha High Court by the respondent as plaintiff, she claimed against the appellant as defendant, the sum of N2,000,000.00 (two million naira) being special and general damages for nuisance and…

Nigerian Navy & Ors V. Lt. Commander S. A. Ibe Lambert (2007) LAWGLOBAL HUB Lead Judgment Report A. OGUNTADE, J.S.C The respondent, Lt. Commander S. A. Ibe Lambert was an officer in the Nigerian Navy. She was arraigned before a General Court Martial (hereinafter referred to as ‘the trial tribunal’) on 9-07-97 on a five…

Musa Yaro V. State (2007) LAWGLOBAL HUB Lead Judgment Report G. A. OGUNTADE, J.S.C The appellant, Musa Yaro, was the first of six accused persons who were brought before the High Court of Kebbi State, Birnin Kebbi on a three-count charge of criminal conspiracy, abetment and culpable homicide punishable with death contrary to sections 97,…

Owners, M.v Gongola Hope & Anor. V. Smurfit Cases Nigeria Ltd. & Anor (2007) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C In the Federal High Court holden at Lagos and in suit No. FHC/121/90, by an amended statement of claim the plaintiffs’ claim against the defendants were as follows:- “1. Delivery of all 41 reels…

Ado Ibrahim & Company Ltd V. Bendel Cement Company Ltd (2007) LAWGLOBAL HUB Lead Judgment Report T. MUHAMMAD, J.S.C The appellant herein was the petitioner at the Federal High Court, Benin City with the respondent as respondent to the petition. In the petition which was filed on the 21st November, 1995, the petitioner averred that…

Rashidi Adewolu Ladoja V. Independent National Electoral Commission (2007) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C On 14th June, 2007, this appeal was heard by this court which in a unanimous decision allowed the appeal, and refused to give further attention to the appellant’s claim. I stated on that day that I shall give my…

Emavworhe Etajata & Ors V. Peter Igbini Ologbo & Anor (2007) LAWGLOBAL HUB Lead Judgment Report T. MUHAMMAD, J.S.C From available facts contained in the printed record of appeal, both the plaintiffs and the defendants before the High Court of the then old Bendel State (trial court) were of same family i.e. OMOYWIARE, family of…

Mustapha Mohammed & Anor V. The State (2007) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C This is a murder appeal. The prosecution’s case is that on 11th August, 1995, one Asimiyu Salawu told Oladipupo Fasola (the deceased) that the 1st appellant wanted to see him. The deceased left to see the 1st appellant. After a…

Sunday Ndidi V. The State (2007) LAWGLOBAL HUB Lead Judgment Report O. ADEREMI, J.S.C The appeal here is against the judgment of the Court of Appeal, Benin Judicial Division delivered on the 4th of March 2005 upholding the conviction and sentence of death passed by the High Court of Delta State, Agbor Judicial Division on…